important point
The necessary ingredients for attracting first part of section 307 are intention or knowledge.

judgment

S.B. Sinha, J. —

1.Leave granted.

2.This appeal is directed against a judgment and order dated 22.12.2006 passed by a Division Bench of the Patna High Court allowing the appeals preferred by the respondents herein and dismissing the criminal revision filed by the appellants herein.

3.The factual matrix of the matter, as stated in the First Information Report, is that at about 12.30 pm on 3.2.1994, the informant, Prakash Chandra Yadav (PW-10) went to Railway Authority Club, Jamalpur to receive the Chief Railway Engineer, Eastern Railway Gorakhpur and Additional Divisional Engineer, Sonepur. He waited for the said officers but having come to learn that they would come later, left the club for his home at about 3.15 pm by his motorcycle. Mantu Kumar (PW-7) was with him on the said motorcycle.

4.Accused, Shyamdeo, named in the First Information Report as also one unknown man, were standing on the road and were allegedly noticed by the informant after coming out of the southern gate of the club. When they were proceeding towards the west, Shyamdeo ordered to kill the informant whereupon Janardan Yadav took out a bomb from his bag and hurled the same towards them. It, however, did not explode. Respondent Satya Narayan Yadav also hurled a bomb towards the informant. It exploded but the informant did not sustain any injury. Several persons assembled at the said place whereupon, Shyamdeo Yadav allegedly chased them with his licensed gun.

5.The said incident is said to have been witnessed by Suresh Yadav, Jawahar Yadav, Ram Naresh Prasad and several others. Besides Prakash Chandra Yadav (PW-10) and the informant, the prosecution examined Suresh Yadav (PW-3), who is the brother of the informant, Jawahar yadav (PW-4) cousin of the informant, Chunkeshwar (PW-2), Ram Naresh Yadav (PW-5), father of the informant and Mantu Kumar (PW-7) (who was the pillion rider) besides B.K. Mishra (PW-9), the Assistant Director, Regional Forensic Science Laboratory, Muzaffarpur, the Chemical Examiner who had examined the alleged explosive substances recovered from the place of occurrence.

6.Accused were charged for alleged commission of offence under Sections 334 and 307/109 of the Indian Penal Code and Sections 3 and 4 of the Explosive Substances Act. Motive for commission of the said offence is said to be rivalry inter se between the parties in regard to grant of railway contract(s).

7.The learned Sessions Judge found the respondents guilty for commission of an offence under Section 307/109B of the Indian Penal Code but acquitted them from the charges under Sections 3 and 4 of the Explosive Substance Act on the ground that no sanction from the appropriate authority had been obtained therefor. Janardan Yadav and Satya Naryan was convicted under Section 307 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for five years and Shyamdeo Yadav was convicted under Section 307/109 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years.

8.An appeal was preferred by the respondent before the High Court. The first informant also filed a criminal revision application against the judgment and order acquitted the respondents under Sections 3 and 4 of the Explosive Substances Act as also for enhancement of sentence. Both, the criminal appeal as also the revision application, were taken up for hearing together by a Division Bench of the Patna High Court.

9.The High Court in its judgment started with the deposition of the prosecution witnesses. As regards the deposition of Prakash Chandra Yadav (PW-10) (informant), it was noticed that he had fully supported the case of the prosecution. Similar narration of the statements made by the prosecution witnesses were carried out the High Court from paragraphs 8 to 13 of the judgment. Paragraphs 14 to 16 referred to the submissions made by the learned advocate for the respondents. Paragraphs 17 to 19 were devoted to the submissions made by the counsel for the appellan